The Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) Rules, 2024
This section is a table of contents-style heading listing citation, application, interpretation, and topics in Part II and Part III about appointing and paying mediators.
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- The Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) Rules, 2024
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This section is a table of contents-style heading listing citation, application, interpretation, and topics in Part II and Part III about appointing and paying mediators. Section 11 is titled “Liability to pay mediators” under Part IV on code of conduct and disciplinary measures. This section is headed as dealing with application and enforcement of the Code, sanctions for breach, complaints about misconduct, and scrutiny of complaints. These Rules may be cited as the Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) Rules, 2024. These Rules apply to mediators conducting court annexed mediation or appointed as mediators.
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Provisions of The Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) Rules, 2024
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- 8 Verify source ↗
Section 8
AI-assisted research summary: This section is a table of contents-style heading listing citation, application, interpretation, and topics in Part II and Part III about appointing and paying mediators.
8. Citation. Application. Interpretation. PART II APPOINTMENT OF MEDIATORS Application of this Part. Qualifications for appointment as mediator. Appointment process. Determination of application. Register of mediators. PART III REMUNERATION 1 Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) GN. NO.820 (Contd.)
Part
PART III
- 11 Verify source ↗
Section 11
AI-assisted research summary: Section 11 is titled “Liability to pay mediators” under Part IV on code of conduct and disciplinary measures.
11. Liability to pay mediators. PART IV CODE OF CONDUCT AND DISCIPLINARY MEASURES - 9 Verify source ↗
The provisions of this Part shall apply to all
AI-assisted research summary: This Part applies to all mediators except a mediator chosen by the parties under Order VIII rule 25(6)(f) of the Civil Procedure Code.
9. The provisions of this Part shall apply to all mediators other than a mediator chosen by the parties under Order VIII rule 25(6)(f) of the Civil Procedure Code. Mediators’ remuneration - 10 Verify source ↗
(1) Subject to the provisions of this Part, the
AI-assisted research summary: A mediator is entitled to be paid a service fee for each mediated case, and may also receive travelling and subsistence allowances when travel is necessary.
10.-(1) Subject to the provisions of this Part, the 4 Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) GN. NO.820 (Contd.) mediator shall be entitled to be paid service fee for each mediated case as set out in the Second Schedule. (2) Without prejudice to subrule (1), where it is necessary for the mediator to travel, he shall be entitled to travelling and subsistence allowances as set out in the Second Schedule: Provided that, where a mediator is a serving judicial officer, expenses under this rule shall be payable in accordance with his terms of service. Liability to pay mediators
Part
PART IV
- 15 Verify source ↗
Section 15
AI-assisted research summary: This section is headed as dealing with application and enforcement of the Code, sanctions for breach, complaints about misconduct, and scrutiny of complaints.
15. Application and enforcement of Code. Sanction for breach of Code. Complaints over misconduct. Scrutiny of complaint. _________ SCHEDULE _________ 2 Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) GN. NO.820 (Contd.) THE JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358) _______ RULES _______ (Made under section 4) THE JUDICATURE AND APPLICATION OF LAWS (APPOINTMENT, REMUNERATION AND DISCIPLINARY OF MEDIATORS) RULES, 2024 PART I PRELIMINARY PROVISIONS Citation - 12 Verify source ↗
(1) The Code shall apply mutatis mutandis to
AI-assisted research summary: The Code applies to mediators, the Judge in-charge enforces it to control mediator discipline, and breaching the Code is professional misconduct.
12.-(1) The Code shall apply mutatis mutandis to mediators under these Rules. (2) The Judge in-charge shall enforce the Code for the purpose of controlling the discipline of mediators. (3) A mediator who breaches the Code commits a professional misconduct. - 13 Verify source ↗
A mediator who commits a professional
AI-assisted research summary: A mediator who commits professional misconduct is liable to disciplinary action.
13. A mediator who commits a professional misconduct shall- (a) in case of a serving judicial officer, be liable to such disciplinary action as prescribed for under the Judiciary Administration Act; or (b) in any other case, be liable to such disciplinary action as may be imposed pursuant to these Rules. - 14 Verify source ↗
(1) A person who is aggrieved by the conduct of a
AI-assisted research summary: An aggrieved person may complain to the Judge in charge about a mediator’s alleged professional misconduct, and the complaint must be written in English or Kiswahili with supporting proof.
14.-(1) A person who is aggrieved by the conduct of a mediator and believes that the mediator has committed a professional misconduct may lodge a complaint to the Judge in charge against such misconduct. (2) The complaint shall be in writing either in English or Kiswahili supported by any other document or information as proof of the alleged complaint. (3) Nothing in these Rules shall be construed to 5 Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) GN. NO.820 (Contd.) Scrutiny of complaint restrict the Judge in charge from commencing disciplinary proceedings suo mottu. - 15 Verify source ↗
(1) The Judge in-charge shall, within seven days
AI-assisted research summary: The Judge in-charge must decide within seven days whether a complaint is tenable, frivolous, or vexatious, and may then impose sanctions on the mediator if the complaint is tenable.
15.-(1) The Judge in-charge shall, within seven days of receipt of a complaint, determine whether the complaint is tenable or frivolous and vexatious. (2) Where the Judge in-charge is satisfied that a complaint is tenable, subject to the rights of the mediator to be heard, may impose the following sanctions against the mediator: (a) issue a written warning; (b) require him to pay such amount of money as may be adequate to cover the cost or loss incurred by the complainant as a result of the complaint; (c) recommend to the Chief Justice for mediator’s suspension or revocation; or (d) any other action as the Judge in-charge may consider fit. 6 Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) GN. NO.820 (Contd.) ____________ FIRST SCHEDULE ____________ (Made under rule 6(2)) APPLICATION FOR APPOINTMENT AS MEDIATOR BY ………………………...….……………………………………………… APPLICANT FORM MD - 1 Verify source ↗
Section 1
AI-assisted research summary: This is a form-style declaration in which a person states their name and address and begins a statement.
1. I…………………………………………...of …………………... (Address) states as follows: - 2 Verify source ↗
That, your applicant is a citizen of the United Republic of Tanzania born on
AI-assisted research summary: The applicant must be a citizen of the United Republic of Tanzania and provide a date of birth.
2. That, your applicant is a citizen of the United Republic of Tanzania born on the…………... - 3 Verify source ↗
That, the applicant was accredited as mediator under the Reconciliation, Negotiation,
AI-assisted research summary: The applicant states that they were accredited as a mediator under the 2021 practitioners accreditation regulations.
3. That, the applicant was accredited as mediator under the Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, 2021 on the…………... Copies of certificates of birth and accreditation are attached to this application. - 4 Verify source ↗
That, the applicant’s areas of experience as a mediator are in (Identify areas of
AI-assisted research summary: The applicant must identify their areas of experience as a mediator.
4. That, the applicant’s areas of experience as a mediator are in (Identify areas of expertise eg. Land, conveyancing, construction, labour, insurance, mining, oil and gas etc.):…………………………………………………………………………………… ………………………………………………………………………………………… - 5 Verify source ↗
The applicant prays that Your Lordship be pleased to appoint him to be a mediator
AI-assisted research summary: The applicant asks to be appointed as a mediator, and the schedule sets fees and allowances for mediators.
5. The applicant prays that Your Lordship be pleased to appoint him to be a mediator under rule 6(1) of the Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) Rules, 2024. DATED and SIGNED at………………this …………….. day of ………………….. ……………… (APPLICANT) 7 Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) GN. NO.820 (Contd.) ____________ SECOND SCHEDULE ____________ (Made under rule 10) COSTS AND FEES PART A: PROFESSIONAL FEE SERVING JUDICIAL OFFICERS MEDIATORS OTHER THAN SERVING JUDICIAL OFFICERS Description For each successful mediation. For each partial successful mediation. For each unsuccessful mediation. TZS. 500,000/= Fee TZS. 500,000/= Non-Applicable TZS. 300,000/= Non-Applicable TZS. 200,000/= PART B: TRANSPORT AND SUBSISTENCE ALLOWANCE S/N MEANS OF TRANSPORT 1 2 3 4 5 6 Air Sea Train Road In case of private transport Subsistence allowance CLASS Economy Class First Class First Class Luxury Class The mediator shall be entitled to mileage allowance at the applicable government rate Not exceeding TZS 250,000/= per night Dodoma, 26th September, 2024 IBRAHIM HAMIS JUMA, Chief Justice 8
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Judicature and
AI-assisted research summary: These Rules may be cited as the Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) Rules, 2024.
1. These Rules may be cited as the Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) Rules, 2024. Application - 2 Verify source ↗
These Rules shall apply to mediators conducting
AI-assisted research summary: These Rules apply to mediators conducting court annexed mediation or appointed as mediators.
2. These Rules shall apply to mediators conducting court annexed mediation or appointed as such. Interpretation - 3
AI-assisted research summary: This section defines key terms used in the Rules, including “Judge in-charge,” “Code,” “professional misconduct,” and “court annexed mediation,” unless the context requires otherwise.
3. In these Rules, unless the context requires otherwise- “Judge in-charge” means the Judge in charge of the High Court Registry, Sub-Registry or Divisions; GN. No 148 of 2021 “Code” means the Code of Conduct and Practice for and Negotiators, Mediators Reconciliators, Arbitrators, Regulations; “professional misconduct” means any act or omission amounting to breach of the Code; and Cap. 33 “court annexed mediation” means mediation referred under Order VIII of the Civil Procedure Code. PART II APPOINTMENT OF MEDIATORS Application of this Part
Part
PART II
- 4 Verify source ↗
The provisions of this Part shall apply to mediators
AI-assisted research summary: This Part applies to mediators, except serving and retired judicial officers.
4. The provisions of this Part shall apply to mediators other than serving and retired judicial officers. 3 Judicature and Application of Laws (Appointment, Remuneration and Disciplinary of Mediators) GN. NO.820 (Contd.) Qualifications for appointment as mediator GN. No. 147 of 2021 - 5 Verify source ↗
A person shall be eligible for appointment as a
AI-assisted research summary: A person is eligible to be appointed as a mediator only if they are accredited as a reconciliator, negotiator, mediator, or arbitrator under the stated regulations.
5. A person shall be eligible for appointment as a mediator under these Rules if that person is accredited as a reconciliator, negotiator, mediator or arbitrator under the Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations. Appointment process GN. No. 147 of 2021 - 6 Verify source ↗
(1) A person who intends to be appointed a
AI-assisted research summary: A person seeking appointment as a mediator must apply to the Chief Justice.
6.-(1) A person who intends to be appointed a mediator shall apply to the Chief Justice for appointment. (2) An application under this rule shall be in Form prescribed in the First Schedule and accompanied by a certificate of accreditation issued under the Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations. Determination of application - 7 Verify source ↗
Upon receipt of the application, the Chief Justice
AI-assisted research summary: The Chief Justice must decide an application within 30 days of receiving it, and may grant it, ask for more details, or refuse it with reasons.
7. Upon receipt of the application, the Chief Justice shall, within thirty days from the date of receipt of the application- (a) if satisfied that the applicant is eligible for appointment, grant the application and notify the applicant in writing on the appointment; or (b) if not satisfied with the application- (i) (ii) require the applicant to furnish further particulars for his consideration; or the refuse applicant in writing of the refusal and reasons thereof. the application and notify Register of mediators - 8 Verify source ↗
The Registrar of the High Court shall keep and
AI-assisted research summary: The Registrar of the High Court must keep and maintain a register of mediators appointed under these Rules.
8. The Registrar of the High Court shall keep and maintain a register of mediators appointed under these Rules. PART III REMUNERATION Application of this Part Cap. 33
Part
Schedule:
- 11 Verify source ↗
Remunerations, expenses and costs payable to the
AI-assisted research summary: The Judiciary must pay the mediator’s remunerations, expenses, and costs under these Rules.
11. Remunerations, expenses and costs payable to the mediator under these Rules shall be borne by the Judiciary. PART IV CODE OF CONDUCT AND DISCIPLINARY MEASURES Application and enforcement of Code Sanction for breach of Code Cap. 237 Complaints over misconduct
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